Navigational Safety Bylaw 2019 Contents

Part Preliminary 01 Provisions

01. Title and commencement 01 That pursuant to section 33M of the Maritime Transport Act 1994 02. Application 01 and the Local Government Act 2002, the Otago Regional Council 03. Interpretation 01 resolves that the Navigation Safety Bylaw 2019 adopted on 04. Revocation 12 3rd April 2019, is hereby confirmed, and shall come into force on 1 May 2019. Part General Navigation 02 Safety Requirements The common seal of the Otago Regional Council was hereunto affixed on3 rd April 2019 in the presence of: 05. Person in charge of the vessel 13 06. Carriage of personal flotation devices 13 07. Exemptions to the compulsory carriage of personal flotation devices 14 08. Wearing of personal flotation devices on vessels 15 09. Minimum age for operating power-driven vessels 16 10. Navigation on rivers 16 11. Fishing or swimming or diving around landing places 16 12. Obstructions that may constitute or become a danger to Councillor maritime safety 17 13. Vessels to be adequately secured 17 14. Vessels to be seaworthy 17 15. Vessels to be identified 18 16. Navigational aids 19

Councillor Part Speed Limits, Reserved 03 Areas and Access Lanes

17. General speed limits 21 18. Special Speed Zone (SSZ) 23 19. Reserved Areas and Access Lanes 24 20. Special events 24 21. Conduct near marine mammals 25 Contents Part Preliminary Part Achoring 01 Provisions 04 and Mooring

22. Anchoring 27 23. Moorings 27 1. Title and commencement ( 1 ) This Bylaw is the Otago Regional Council Navigation Safety Bylaw 2019. ( 2 ) This Bylaw comes into force on 01 May 2019. Part Special Controls on 05 Activies in Otago Harbour 24. Communication requirements for vessels in the Otago 2. Application Harbour Shipping Channel 16 29 ( 1 ) This Bylaw applies to all waters in the Otago Region including the 25. Moving Prohibited Zone (MPZ) 29 territorial sea and all inland waters apart from: 26. Vessel movements in proximity to ships 30 ( a ) The navigable waters in the Queenstown Lakes District Council 27. Fishing in Otago Harbour Shipping Channel 30 area, which are administered by that council as shown in Appendix A. ( b ) Lake Dunstan and the Kawarau River which are administered by Part Maritime Safety Central Otago District Council as shown in Appendix B. 06 Administrative Matters

28. Notification of maritime accidents, incidents and mishaps 33 29. Written approvals 34 3. Interpretation 30. Offences and penalties 34 ( 1 ) In this Bylaw, unless the context otherwise requires:

‘accident’ means an occurrence that involves a vessel and in which Part Appendices ( c ) a person is seriously harmed as a result of – 07 ( d ) being on the vessel or Appx A. Otago Region 36 ( i ) direct contact with any part of the vessel; including any Appx B. Waters Where Bylaw Does Not Apply in part that has become detached from the vessel, or Central Otago District 38 ( ii ) direct exposure to the wash of the vessel or interaction Appx C. Commercial Port Areas of Otago Harbour 40 (other than direct contact) between two vessels; or Appx D. Otago Harbour Shipping Channel 42 ( iii ) being involved in the salvage of any vessel, except where Appx E. Special Speed Zones for Otago Inland Waters 44 the injuries are self-inflicted or inflicted by other persons, Appx F. Halfway Islands Safety Zone 56 or when injuries are to stowaways hiding outside areas Appx G. Oamaru Harbour 58 normally available to passengers and crew; or Appx H. Lake Waihola Reserved Areas and Access Lanes 60 ( e ) the vessel sustains damage or structural failure that: Part 01 Preliminary Provisions Interpretation

( iv ) adversely affects the structural strength, performance, or ‘anchoring’ means the temporary securing of a vessel to the bed of the seaworthiness of the vessel; or waterway by means of an anchor, cable or other device, that is normally ( v ) would normally require major repair or replacement of the retrieved from the water and stored on the vessel on departure. affected component; or ( vi ) poses a threat to the safety of people on board the vessel; ‘beacon’ means an aid to navigation identified with a beacon symbol as or shown on Land Information New Zealand Chart 6612 Otago Harbour. Beacon ( f ) there is a complete or partial failure of machinery or equipment numbers are as shown on Chart 6612. that affects the seaworthiness of the vessel; or ( g ) there is a loss of, or damage to, or movement of, or change in the ‘Council’ means the Otago Regional Council. state of the cargo if the vessel which poses a risk to the vessel or other vessels; or ‘Commercial Port Area’ means areas defined as a Coastal Development ( h ) there is a significant loss of, or significant damage to, property Area or a Coastal Harbourside Area in the Regional Coastal Plan for the (not being the cargo carried by the vessel) or the property of any Otago and Oamaru Harbours as shown in the maps in Appendix C and person (whether or not on board the vessel), whether or not the Appendix G. loss or damage arises from an interaction between two vessels; or ‘competent person’ when used in relation to the inspection and/or mainte- ( i ) there is a loss or escape of any substance or thing that nance of moorings means a person or organisation who has demonstrated ( vii ) may result or has resulted in serious harm to any person; or to the satisfaction of the Harbourmaster that they are suitably experienced ( viii ) may pose a risk, or has resulted in damage to the vessel or and/or qualified to undertake inspections and/or maintenance of moorings. other vessels; or ( ix ) may pose a risk, or has resulted in any damage to any ‘Enforcement Officer’ means a person appointed by Council under section property (whether or not on board the vessel); or 33G of the Act. ( j ) a person is lost overboard (whether or not subsequently found), or is missing; or ‘flag ’A means flag A of the International Code of Signals (the divers flag) ( k ) the vessel is foundering, capsizing or being abandoned, stranded being a swallow tailed flag, or a rigid equivalent, coloured in white and blue or been in a collision, or has a minor fire on board with white to the mast, of not less than 600mm by 600mm.

‘Act’ means the Maritime Transport Act 1994. ‘flag B’ means the flag B of the International Code of Signals being a swallow tailed flag, or a rigid equivalent, coloured in red of not less than 600mm by ‘access lane’ means an area declared as an access lane under clause 19. 600mm.

‘Dunedin Wharves’ means the Commercial Port Area of Otago Harbour at Dunedin located west of beacon 67.

2 3 Part 01 Preliminary Provisions Interpretation

‘Halfway Islands Safety Zone’ means the area identified in Appendix F. projecting beyond these terminal points must not be included in the length overall. Structures (such as bulbous bows, deckhouses, free flooding bait ‘Harbour Area’ means Otago Harbour or Oamaru Harbour. tanks and buoyancy tubing) projecting beyond these terminal points must be included in the length overall …’ ‘Harbour Control’ means the Otago Harbour vessel traffic control centre operated by Port Otago Limited. Explanatory note: The Advisory Circular to Maritime Rule Part 40A has further Explanatory note: Harbour Control is staffed at all times and may be contact- guidance and interpretation of this definition. ed on VHF Channel 14. Alternative contact information for Harbour Control; Telephone: 472 9882; Email: [email protected]. ‘Local Notice to Mariners’ means a notice related to maritime safety in Ota- go which is available to the public from the Council website. ‘Harbourmaster’ has the same meaning as in section 2 of the Act. ‘marine mammal’ has the same meaning as in Section 2 of the Marine Mam- ‘incident’ means any occurrence, other than an accident, that is associated mal Protection Act. with the operation of a vessel and affects or could affect the safety of operation. ‘manoeuvre’ means actions that change the direction of a vessel.

‘Lake Waihola’ means the lake area shown in Appendix H. ‘master’ means any person (except a pilot) having command or charge of any ship. ‘landing place’ means a wharf, jetty, dock, quay, landing, pile mooring, pier, pontoon, boat ramp, slipway or other facility, where vessels can be or may ‘medium vessel’ means any vessel more than 15 metres but less than 40 be moored, launched or retrieved, but does not include a mooring. metres in Length Overall and under 500 gross tonnage.

‘large vessel’ means any vessel 40 metres or greater in Length Overall, or ‘mishap’ means an event that 500 gross tonnage or greater. If a tug and tow or composite vessel, gross ( a ) causes any person to be harmed; or tonnage shall be the sum of gross tonnage for all of the connected vessels. ( b ) in different circumstances, might have caused any person to be harmed ‘Length Overall’ has the same meaning as ‘length overall’ as defined in Mari- time Rule Part 40C. If a tug and tow, Length Overall shall be the combination ‘mooring’ means any weight or article placed in or on the foreshore or of the tug and object(s) towed but not the length of the towing medium. seabed or the bed of a water body for the purpose of securing a vessel, raft, Explanatory note: Maritime Rule Part 40C defines length overall as ‘the aircraft, or floating structure, and includes any wire, rope, buoy, or other length of the ship measured from the foreside of the head of the stem to the device attached or connected to the weight, but does not include an anchor aftermost part of the transom or stern of the ship. Fittings (such as belt- that is normally removed with the vessel, raft, aircraft, or floating structure ings, bowsprits, platforms, gantries, trim tabs, jet and outboard drive units) when it leaves the site or anchorage.

4 5 Part 01 Preliminary Provisions Interpretation

‘mooring area’ means an area, where vessel moorings may be placed, iden- ‘Otago Region’ means the area to which this Bylaw applies as listed in clause tified by the Council as a mooring area in the Regional Coastal Plan. 2 of this Bylaw and shown in Part 6 (the map).

‘Moving Prohibited Zone (MPZ)’ means the space of water in the Otago ‘owner’: Harbour Shipping Channel extending: ( a ) when used in relation to any vessel, has the same meaning as in ( a ) For a Large Vessel, 100 metres astern and 100 metres to each the Act side of the vessel, and continued at such width to 1,000 metres ( b ) when used in relation to any landing place, means the person ahead when that vessel is underway. holding a coastal permit under the Resource Management ( b ) For a tug in attendance of a large vessel, 100 metres all around Act 1991 for the landing place and shall include a lessee of the the tug, in addition to the MPZ around the large vessel. landing place ( c ) when used in relation to Port Areas of Otago Harbour means Port ‘navigable’ means able to be navigated by a vessel on, through, over or Otago Limited under the water. ( d ) when used in relation to Commercial Port Areas of Oamaru Harbour means the Waitaki District Council, or a port company ‘navigational channel’ means the Otago Harbour Shipping Channel, or the established by the Waitaki District Council principal access to any other harbour area, or the principal navigational channel of an inland water. ‘personal flotation device’ means any serviceable buoyancy aid that is designed to be worn on the body and that is certified by a recognised authority ‘Oamaru Harbour’ means the Commercial Port Area located at Oamaru as as meeting shown in Appendix G. ( a ) type 401, 402, 403, 404, 405, or 408 in NZ Standard 5823:1989 or NZ Standard 5823:2001 or type 401, 402, 403, 404, 405 or 406 in ‘Otago Harbour’ means the area comprising all waters enclosed by a line NZ Standard 5823:2005; or from Trig at Heyward Point then bearing 20 degrees for 3 nautical miles then ( b ) a national or international standard that the Director is satisfied bearing 126 degrees for 1.75 nautical miles then bearing 200 degrees for 3 substantially complies with types 401, 402, 403, 404, 405, or 408 nautical miles to Howletts Point, as published in the New Zealand Gazette of the NZ Standard 5823:1989 or NZ Standard 5823:2001 or type Vol II July 1930 p.2233 and p.2234. 401, 402, 403, 404, 405 or 406 in NZ Standard 5823:2005

‘Otago Harbour Shipping Channel (OHSC)’ means the marked channel ‘personal water craft’ means a power-driven vessel that extending through Otago Harbour from the Fairway Beacon at the Channel ( a ) has a fully enclosed hull; and Entrance through the gap between the Halfway Islands (Goat Island and ( b ) does not take on water if capsized; and Quarantine Island) to a line extending due south of Beacon 67 at the Dunedin ( c ) is designed to be operated by a person standing, sitting astride, Wharves. or kneeling on it, but not seated within it

6 7 Part 01 Preliminary Provisions Interpretation

‘pilot’ means any person, not being the master or a member of the crew of maritime safety purpose under Maritime Rules Part 91 or clause 19 of this the ship, who has the conduct of the ship. Bylaw. Explanatory note: For the avoidance of doubt the only reserved areas in the ‘pleasure craft’ means Otago Region having legal status are those authorised under this Bylaw. All ( a ) a vessel that is not offered or used for hire or reward, and is reserved areas authorised by previous bylaws, rules, or regulations made used exclusively for under any act have been revoked by this bylaw (or a previous bylaw) and have ( i ) the owner’s pleasure or as the owner’s residence; or no effect or legal status. ( ii ) recreational purposes by ( A ) the members of a club that owns the vessel ‘restricted visibility’ means any condition in which visibility is restricted ( B ) the beneficiaries of a trust that owns the vessel by fog, mist, falling snow, heavy rainstorms, sandstorms, or other similar ( C ) the members of an incorporated society that owns causes. the vessel; but ( b ) excludes a vessel that is ‘river’ includes a stream and any natural, modified or artificial watercourse; ( i ) provided for transport, sport, or recreation by, or on behalf but does not include any part of a river within the ebb and flow of the tide at of, an institution, hotel, motel, place of entertainment, or ordinary spring tides. other establishment or business ( ii ) used on a voyage for pleasure if the vessel is normally used, ‘sailboard’ means any type of board including a windsurfer or kiteboard that or intended to be normally used, as a fishing vessel or for is propelled by any type of sail and intended to be navigated by a person the carriage of passengers or cargo for hire or reward standing upright on the board. ( iii ) operated or provided by ( A ) a club, incorporated society, or trust for non- ‘ship’ has the same meaning as Vessel. recreational purposes; or ( B ) a business ‘shore’ when referring to distance from shore, means distance from the water’s edge. ‘Port Company’ has the same meaning as ‘port company’ in the Port Compa- nies Act 1988. ‘speed’ means ( a ) On the sea or lakes the speed through the water; or ‘power-driven vessel’ means any vessel propelled by machinery. ( b ) On rivers and estuaries, the speed through the water if travelling with the current, or speed over the ground if travelling against ‘Regional Coastal Plan’ means the Council’s Regional Plan: Coast for Otago. the current

‘Reserved Area’ means an area declared as being reserved for a specified ‘small vessel’ means any vessel 15 metres or less in Length Overall.

8 9 Part 01 Preliminary Provisions Interpretation

‘Special Speed Zone (SSZ)’ means an area of water where the speed limit ‘vessel’ means every description of ship, boat or craft used in navigation, has been set under clause 18 of this Bylaw. whether or not is has any means of propulsion; and includes Explanatory note: Under Maritime Rule Part 91 speed limits are generally ( a ) a barge, lighter, or other like vessel 5 knots within 200m of shore or a structure, and within 50m of a person in ( b ) a hovercraft or other thing deriving full or partial support in the the water. atmosphere from the reaction of air against the surface of the water over which it operates ‘specified MPZ’ means a Moving Prohibited Zone specified for any vessel by ( c ) a submarine or other submersible the Harbourmaster in accordance with clause 25(4) of this bylaw. ( d ) a seaplane while it is on the surface of the water ( e ) and shall include but is not limited to, a sledge, surfboard, ‘support vessel’ means any vessel used for coaching, marshalling and res- sailboard, stand-up paddle board, raft, personal water craft or cue attendance for training, regattas and competitions. any other object intended or used to carry or support a person in Explanatory note: For the sake of clarity, this definition relates to recreational or on the water and sporting activities and does not include port company vessels engaged in normal port operations. ‘VHF’ means maritime very high frequency two-way radio on channels in the frequency range between 30 MHz and 300 MHz. ‘surfboard’ means any type of board that is used for surf riding. ‘waters’ means ‘territorial sea’ means the territorial sea of New Zealand which comprises ( a ) all the sea area including in estuaries, inlets or harbours and those areas of the sea having, as their inner limits, the baseline described in coastal waters, the outer boundary being the seaward limit of sections 5 and 6 and 6A of the Territorial Sea, Contiguous Zone, and Ex- the territorial sea and the inner boundary being the water’s edge; clusive Economic Zone Act 1977 and, as their outer limits, a line measured and seaward from that baseline, every point of which line is distant 12 nautical ( b ) all inland navigable waters of the Region miles from the nearest point of the baseline. Explanatory note: The seaward limit of the territorial sea is approximate- ly 12 nautical miles from shore, the exact limits may be found on the Land ‘underway’ means a vessel not at anchor, or made fast to the shore, or Information New Zealand (LINZ) website. Inland waters includes all rivers aground. lakes and ponds regardless of whether or not they are accessible to the general public. ‘unseaworthy’ means, in the opinion of the Harbourmaster, not being in a fit condition or readiness to navigate safely on the water. ‘water skiing’ means being towed barefoot or on an object of any kind other than a vessel.

10 11 Part 01 Preliminary Provisions Part General Navigation 02 Safety Requirements ( 2 ) To avoid doubt, compliance with this Bylaw does not remove the need to comply with all other applicable Acts, regulations, bylaws, Maritime Rules, rules in any District or Regional Plan and rules of law. 5. Person in charge of the vessel ( 3 ) Unless the context requires another meaning, a term or expression ( 1 ) The person in charge of a vessel is responsible for the safety and that is defined in the Act or a Maritime Rule and used in this Bylaw, but wellbeing of every person on board and for the safe operation of the not defined, has the meaning given by the Act or Maritime Rule. vessel. ( 4 ) Any explanatory notes are for information purposes only and do not ( 2 ) No vessel owner shall permit the vessel to leave the shore or any form part of this Bylaw, and may be made, amended and revoked anchorage or mooring unless a person in charge of the vessel has been without formality. nominated. ( 3 ) Any person in charge of a vessel fitted with a kill cord must ensure that 4. Revocation the kill cord is fitted correctly at all times whilst underway. ( 1 ) This Bylaw revokes all existing speed uplifts or increases and restricted areas in the Otago Region previously authorised by the 6. Carriage of personal flotation devices Otago Regional Council or its predecessors. ( 1 ) A person in charge of a pleasure craft must not operate it unless there are sufficient personal flotation devices for each person on board at all times that the vessel is underway. ( 2 ) Personal flotation devices must be: ( a ) in a readily accessible location on board the vessel; ( b ) of an appropriate size for each person on board; ( c ) an appropriate type for the activity being undertaken; and ( d ) in good operative condition.

12 Part 02 General Navigation Safety Requirements Wearing of personal flotation devices on vessels

7. Exemptions to the compulsory carriage of personal flotation 8. Wearing of personal flotation devices on vessels devices ( 1 ) Every person on board vessels 6 metres or less length overall must ( 1 ) Clause 6 does not apply to: wear a properly secured personal flotation device of an appropriate ( a ) any person on a surfboard or stand up paddle board when the size for that person at all times. board is attached to the person by means of a tether; ( 2 ) Subclause (1) does not apply if the person in charge of the vessel, ( b ) any sailboard activity, if a wetsuit is worn at all times; after assessing all circumstances and determining there would be no ( c ) a diver on a vessel of 6 metres length or less that is used for reduction in safety, expressly authorises any person on board to not recreational diving within 5 nautical miles of shore, when a full wear a personal flotation device. body wetsuit is worn at all times; ( 3 ) Subclause (1) does not apply to a person who is below deck of the ( d ) a person training for or participating in a sporting event, if the vessel unless expressly instructed to wear a personal flotation device training or the event is supervised in accordance with a safety by the person in charge of the vessel. system approved by the Harbourmaster. ( 4 ) All persons must wear a properly secured personal flotation device of Explanatory note: The Harbourmaster may approve a sporting organisation an appropriate size for that person when: if that organisation has in place a safety system that the Harbourmaster is ( a ) in circumstances where tides, river flows, visibility, rough satisfied provides an equivalent level of safety to the carriage or wearing of seas, adverse weather, when crossing a bar, in emergencies, or personal flotation devices. other situations that may cause danger or a risk to the safety of ( e ) a sporting event, training activity, ceremonial or other persons on board, or; authorised customary event if: ( b ) being towed by a vessel. ( i ) a support vessel that is capable of providing adequate Explanatory note: Circumstances and activities that could result in people assistance in the event of an emergency remains in the inadvertently being in the water includes the activity being undertaken by immediate vicinity of the vessel and the vessel and support a person, the type of vessel, the activity the vessel is engaged in, adverse vessel in combination carry personal flotation devices or weather or sea conditions, and other nearby vessel activity that could result in buoyancy aids of an appropriate type and size for every collision. A person must wear and secure a suitable personal flotation device person on board in the event of any danger to the health whilst on a vessel if instructed to do so by the Harbourmaster. and safety of occupants of the vessel; or ( ii ) the Harbourmaster has approved a prior written exemption. Explanatory note: The Harbourmaster may approve an exemption for a specified period if satisfied that adequate safety precautions are made for rescuing any person participating in the event or activity.

14 15 Part 02 General Navigation Safety Requirements Obstructions that may constitute or become a danger to maritime safety

9. Minimum age for operating power-driven vessels ( b ) In Commercial Port Areas without the permission of the owner ( 1 ) No person under the age of 15 years shall be in charge of, or navigate, and shall comply with all conditions of that permission; or a power-driven vessel that is capable of a speed exceeding 10 knots ( 2 ) Subclause (1) does not apply to activities conducted by, on behalf of, unless he or she is under the direct supervision of a person over the or approved by a marine facility owner within the relevant Commercial age of 15 years who is in immediate reach of the controls. Port Area. ( 2 ) The person in charge of a power-driven vessel that is capable of a speed exceeding 10 knots must not allow any person who is under the 12. Obstructions that may constitute or become a danger to age of 15 years to navigate that vessel in contravention of subclause (1). maritime safety ( 3 ) Subclause (1) does not apply to any person who has a written approval ( 1 ) No person may place any obstruction, including any fishing apparatus, from the Harbourmaster. Written approvals may be given for training, in any waters that is likely to competitions or other sporting events, and the Harbourmaster, when ( c ) restrict navigation; or considering whether or not to grant such an approval, shall have ( d ) cause injury or death to any person; or regard to the competence of the person, the level of supervision, and ( e ) cause damage to any vessel or any property. awareness of other relevant navigation safety matters. 13. Vessels to be adequately secured 10. Navigation on rivers ( 1 ) The person in charge of a vessel must ensure that it is securely ( 1 ) A person in charge of a vessel on a river must: anchored or moored, and secured while left unattended. ( a ) Ensure that the vessel keeps to the starboard side of the ( 2 ) In securing the vessel, the person in charge of the vessel must only navigable channel where safe and practicable; and use rope, chain or other means of anchoring or mooring a vessel that ( b ) When going upstream, give way to any vessel coming is fit for purpose. downstream; and ( 3 ) No person shall secure a vessel to any post, wharf, ring, fender, buoy ( c ) Not navigate the vessel unless it is safe to do so and weather or any other structure not fit for that purpose. conditions are considered to permit safe navigation of the vessel; ( 4 ) No person shall leave any vessel or other property in a place where and it may create a navigation hazard or nuisance where it may interfere ( d ) Not exceed a speed of 5 knots on any river unless in an area with the normal use of the waters by other persons. designated as a SSZ, or a Reserved Area or an Access Lane. ( 5 ) No person shall set a vessel adrift or interfere with her moorings or Explanatory note for subclause 1)c): For example, not navigate immediately fastening. downstream of dams that are spilling. 14. Vessels to be seaworthy 11. Fishing or swimming or diving around landing places ( 1 ) No person shall navigate any vessel in circumstances where the vessel ( 1 ) No person shall fish, jump, dive or swim: is unseaworthy, except to remove the vessel from the water or to ( a ) From, or within 50 metres from, a landing place in a manner that move it to a safe area. interferes with the berthing or departure of any vessel; or

16 17 Part 02 General Navigation Safety Requirements Navigational aids

15. Vessels to be identified ( 1 ) No person shall navigate a Personal Water Craft or other craft 6m or 16. Navigational aids more length overall unless it displays an identifying name or number ( 1 ) No person shall erect, maintain or display any sign, beacon, displayed above the waterline on each side of the vessel. light, mark, buoy or other device that has the characteristics of ( 2 ) The identifying name or number shall a navigational aid and/or which may be used or mistaken as a ( a ) consist of letters of the Roman alphabet or numbers that are not navigational aid or warning, without the prior written approval from the vessel’s brand, make or model; and the Harbourmaster. ( b ) be unique to that vessel; and Explanatory note: Approval from the Director of Maritime New Zealand may ( c ) unless complying with the requirements of an organisation listed be required as well. in subclause (2)(a), be a minimum height of 90 millimetres and be readable to the naked eye by day from a distance of at least 50 metres. ( 3 ) The identifying name or number referred to in subclause (1) shall be ( a ) a registration or identification approved by and conforming to the requirements of: ( i ) Maritime New Zealand (MNZ) or an equivalent foreign authority (e.g. a MNZ number or vessel’s registered name); or ( ii ) A sporting body as may be approved from time to time by the Harbourmaster and listed on the Council’s website; or ( b ) the vessel’s radio call sign; or ( c ) for any trailer borne vessel without a registration or identification listed in subclauses (a) or (b), the registration number of its trailer; or ( d ) for non-trailer borne vessels, an identifying name or number otherwise complying with the requirements of subclause (1); or ( e ) for sail vessels the identifying name or number may be the vessel’s sail number. ( 4 ) Other vessels under 6m length shall be marked with the current owner’s name and contact details somewhere on the vessel. Explanatory note: For the sake of clarity, ‘trailer borne vessel’ refers to a vessel transported on a road-going trailer that is, or is required to be, registered. It does not include vessels stored on/launched from haul-out trailers – such vessels fall into the ‘non-trailer borne vessel’ category. 18 19 Part 02 General Navigation Safety Requirements Part Speed Limits, Reserved 03 Areas and Access Lanes

17. General speed limits ( 1 ) No person may, without reasonable excuse, propel or navigate a vessel (including a vessel towing a person or an object) at a speed exceeding 5 knots: ( a ) within 50 metres of any other vessel, raft, or person in the water; or ( b ) within 200 metres of the shore or of any structure; or ( c ) within 200 metres of any vessel or raft that is flying Flag A of the International Code of Signals (divers flag). ( 2 ) No person may propel or navigate a powered vessel at a speed exceeding 5 knots while any person has any portion of his or her body extending over the fore part, bow, or side of that vessel. ( 3 ) No person may cause himself or herself to be towed by a vessel (whether or not on a water ski, aquaplane, or other similar object) at a speed exceeding 5 knots in any circumstances specified in subclause (1). ( 4 ) No person in charge of a vessel may permit the vessel to continue onwards, after any person being towed by that vessel has dropped (whether accidentally or otherwise) any water ski or similar object which may cause danger to any other person or vessel, without first taking appropriate action to immediately recover that water ski or similar object, unless the person has taken measures adequate to ensure that the dropped ski or similar object is clearly visible to other water users. ( 5 ) Subclause (1) (a) shall not apply to: ( a ) a vessel over 500 gross tonnage, if the vessel cannot be safely navigated in compliance with this subclause; or ( b ) any vessels while participating in a yacht race or training administered by ( i ) a club affiliated to Yachting New Zealand; or

20 Part 03 Speed Limits, Reserved Areas and Access Lanes Special Speed Zone (SSZ)

( ii ) a non profit organisation involved in sail training or racing; Requirement for safe and considerate navigation or ( 8 ) No person is permitted by any provision of this Bylaw or any Maritime ( c ) a craft training for or participating in competitive rowing or Rule to navigate a vessel in a manner that is likely to endanger any paddling; or person or vessel. ( d ) a tug, pilot vessel, harbourmaster vessel, emergency response Wake and Drawoff craft or police vessel, if the vessel’s duties cannot be performed ( 9 ) No person may operate a power-driven vessel at a speed or in a in compliance with this clause; or manner that any wake or draw-off endangers persons or property. ( e ) a vessel operating in accordance with a Special Speed Zone Speed over bars established under Clause 18 of this Bylaw. ( 10 ) The person in charge of a vessel may navigate a vessel at any speed ( 6 ) Subclause (1)(b) shall not apply to: required to enable the safe crossing of a river mouth bar. ( a ) a vessel operating in an access lane or a reserved area for the purpose for which the access lane or reserved area was declared, 18. Special Speed Zone (SSZ) unless, in the case of a reserved area, a navigation bylaw ( 1 ) Each of the waters shown in Appendix E is declared under this bylaw provides otherwise; or as a Special Speed Zone (SSZ). ( b ) a vessel operating in accordance with Special Speed Zone ( 2 ) An approval to use an SSZ identified in any controls specified by the established under Clause 18 of this Bylaw; or Harbourmaster under this Bylaw, is approved for all persons from the ( c ) a vessel over 500 gross tonnage, if the vessel cannot be safely date of commencement of the Bylaw for the period in which the Bylaw navigated in compliance with this clause; or remains in force except where approval is restricted or revoked under ( d ) a craft training for or participating in competitive rowing or either subclause (3) or subclause (4). paddling; or Ability to restrict or revoke approval to use SSZs ( e ) a tug, pilot vessel, harbourmaster vessel, emergency response ( 3 ) The Harbourmaster may at any time restrict or revoke an approval craft or police vessel when the vessel’s duties cannot be given under subclause (2) in relation to any person if that person is, in performed in compliance with this clause. the opinion of the Harbourmaster: Exemption: ( a ) Using the SSZs in an unsafe manner; ( 7 ) Vessels shall be exempt from compliance with the general speed limit ( b ) In breach of the Bylaw in a manner that justifies restriction or specified in Clause 17 (1)b) provided that navigation is conducted in a revocation of the person’s approval to use the SSZs. safe manner and is authorised by Harbourmaster may restrict use of SSZ ( a ) an approval to use SSZs pursuant to clause 18 (2) of this Bylaw ( 4 ) The Harbourmaster may at any time restrict the use of an SSZ to any provided that the vessel speed does not exceed the specified degree the Harbourmaster sees fit, for a period of up to one year, if maximum speed for the vessel concerned in that SSZ; or the Harbourmaster is of the opinion that the SSZ is not safe or that ( b ) a Reserved Area or Access Lane pursuant to clause 19 of this such restriction is necessary for a special event. Bylaw; or Explanatory note: Changes to the extent and permitted use of any SSZ will be ( c ) the Harbourmaster for specific vessels. posted on the ORC website in advance of any change.

22 23 Part 03 Speed Limits, Reserved Areas and Access Lanes Conduct near marine mammals

19. Reserved Areas and Access Lanes ( c ) requires the temporary suspension of a reserved area or access ( 1 ) Locations of Reserved Areas and Access Lanes are identified in lane; or Appendix F and Appendix H. ( d ) requires temporary installation of course markers or similar such ( 2 ) Any other waters may be reserved for an Access Lane or other structures in the water. specified maritime safety purpose or activity either ( 2 ) An application to temporarily reserve an area of navigable water may ( a ) by the Council issuing a written approval; or be approved or refused at the discretion of the Harbourmaster, upon ( b ) by the Harbourmaster. such terms and conditions as the Harbourmaster thinks fit. Such ( 3 ) The Harbourmaster may specify controls and suspension of the use of conditions may include temporary suspension of use of defined waters the Reserved Area by issue of a Local Notice to Mariners. by all other users, if reasonably required for maritime safety purposes Explanatory note: The controls made under the Otago Regional Council in the opinion of the Harbourmaster. Navigation Safety Bylaw 2019 contain maps showing areas of navigable water Explanatory note: Temporary Reservations will be published by Local Notice permanently reserved by Council for specified purposes and use. Local Notic- to Mariners on the Council’s website. es to Mariners will be posted on the Council web site. ( 4 ) No person may operate a vessel in a reserved area other than in 21. Conduct near marine mammals accordance with any condition imposed by the Harbourmaster for the ( 1 ) In the vicinity of marine mammals, the person in charge of each vessel reserved area. shall: ( 5 ) No person may enter a reserved area for any other purpose than that ( a ) travel no faster than idle or ‘no wake’ speed within 300m of any specified by the Harbourmaster. marine mammal. ( 6 ) While a reserved area is in use for the purpose specified by the ( b ) approach whales and dolphins from behind and to the side. Harbourmaster, no person may obstruct that use, or be in the ( c ) not circle them, obstruct their path or cut through any group. specified area for any other purpose without prior approval of the ( d ) keep at least 50m from whales (or 200m from any large whale Harbourmaster. mother and calf or calves). ( e ) idle slowly away. Speeds may be gradually increased to out- 20. Special events distance dolphins and should not exceed 10 knots within 300m of ( 1 ) A person that intends to conduct a sporting event, training activity, any dolphin. ceremonial or customary event or any other organised water activity Explanatory note: The presence of marine mammals tends to attract vessels on navigable water must obtain approval from the Harbourmaster if into a small area of water for viewing purposes. It is important for maritime the activity is likely to affect normal operation of another vessel or any safety that vessels operate in a consistent and predictable manner. other user of the water, or: ( 2 ) Masters of large vessels are not obliged to comply with Clause 1 if ( a ) requires temporary suspension of the relevant speed clause(s) necessary for navigational safety reasons. and any other relevant clause of the Maritime Rules or this Bylaw; Explanatory note: Masters of Large Vessels should slow down as much as ( b ) requires an area to be temporarily reserved for a specific area for conditions allow while keeping sufficient speed for control of the vessel to the purpose of the event; or maintain navigational safety within the confines of the navigable waters.

24 25 Part 03 Speed Limits, Reserved Areas and Access Lanes Part Anchoring 04 and Mooring

22. Anchoring ( 1 ) No small or medium vessel shall anchor in a Navigational Channel without approval from the Harbourmaster. A large vessel may anchor in a Navigational Channel at the direction of the Pilot. ( 2 ) No vessel shall anchor in a manner that obstructs moorings or moored vessels. ( 3 ) No vessel shall remain anchored within the same or proximate location for longer than 14 consecutive days in any six month period without the prior approval of the Harbourmaster. ( 4 ) An anchored vessel may not be left unattended for more than 24 hours without the owner, or their representative checking that the vessel remains secure. ( 5 ) Vessels are permitted to anchor in Oamaru Harbour in the area shown in Appendix G provided that clauses (2) to (4) above are complied with.

23. Moorings ( 1 ) No person shall lay, or move, a mooring unless: ( a ) that person holds a coastal permit for that mooring from Council; or ( b ) the mooring is a permitted activity in the Regional Coastal Plan. ( 2 ) No person shall secure a vessel to a mooring that exceeds the length, displacement, or draught specified in the coastal permit or in licencing arrangements with the coastal permit owner. ( 3 ) If at in any time in the opinion of the Harbourmaster any mooring is or may be in an insufficient state of repair the Harbourmaster may require the mooring to be: ( a ) inspected by a competent person approved by the Harbourmaster; and ( b ) repaired to a standard specified by the Harbourmaster. within a period specified by the Harbourmaster.

26 Part 04 Anchoring and Mooring Part Special Controls on 05 Activies in Otago Harbour

24. Communication requirements for vessels in the Otago Harbour Shipping Channel ( 1 ) All vessels over 6m in length shall carry an operational marine VHF radio and maintain a radio watch on Channel 14 whilst navigating along the Otago Harbour Shipping Channel. ( 2 ) Between sunset and sunrise, or in conditions of restricted visibility, all vessels shall contact Harbour Control before entering or transiting along the Otago Harbour Shipping Channel. ( 3 ) The person in charge of all Medium Vessels and Large Vessels must contact Harbour Control before navigating along the Otago Harbour Shipping Channel.

25. Moving Prohibited Zone (MPZ) ( 1 ) No person shall navigate a vessel so as to be within an MPZ without the approval of the Harbourmaster. ( 2 ) Subclause 1) shall not apply to tugs or pilot vessels while they are carrying out towage or pilotage duties in relation to a vessel for which a MPZ applies. Explanatory note: The MPZ is defined to only apply to waters within the Otago Harbour Shipping Channel. Small and Medium Vessels may pass a Large Vessel transiting the Otago Harbour Shipping Channel provided that they pass outside the channel. Provided it is safe to do so, Small and Medium vessels travelling inbound may need to cross to the port-hand side to bypass an MPZ outside of the marked channel, where the waters to starboard of the channel lie within 200m of shore. ( 3 ) Subclauses 1) and (2) shall not apply where the approval of the Harbourmaster has been obtained for a vessel to be within a MPZ or to pass another vessel in the Otago Harbour Shipping Channel. ( 4 ) A Specified MPZ may be declared by the Harbourmaster by Local Notice to Mariners to apply to any vessel for such times and duration as the Harbourmaster considers necessary. 28 Part 05 Special Controls on Activities in Otago Harbour Fishing in Otago Harbour Shipping Channel

26. Vessel movements in proximity to ships Harbour Control on VHF Channel 14 prior to entry into the Zone; ( 1 ) Vessels may come within 200 metres of a berthed tanker showing Flag and B when necessary to navigate past provided they maintain the largest ( b ) call Harbour Control on VHF Channel 14 upon exit from the separation that can be safely achieved. Halfway Islands Safety Zone, or upon the cessation of fishing Explanatory note: There is insufficient room for vessels using the Otago Har- activity; and bour Shipping Channel to maintain the minimum 200m separation required ( c ) maintain a radio watch on VHF Channel 14 while fishing in the under Maritime Rules for tankers berthed at the Dunedin Oil Jetty or LPG Halfway Islands Safety Zone and immediately vacate the channel terminal. if: ( 2 ) A master must not cause any vessel to manoeuvre within 200 metres ( i ) a large vessel approaches the Safety Zone; or of a berthed tanker flying Flag B unless required to by the operation of ( ii ) a long blast is given from a ship’s whistle; or the tanker. ( iii ) the vessel indicates that it requires sea room by means of 5 Explanatory note: refer to Interpretation section for definition of manoeuvre. short blasts on the ship’s whistle, or a light signal of 5 rapid ( 3 ) No vessel may berth or come alongside within 100 metres of a berthed flashes, or call via VHF; or tanker flying Flag B. ( iv ) if advised by Harbour Control; or ( 4 ) No vessel shall approach or manoeuvre within 25 metres of a ( v ) if directed by the Harbourmaster. large vessel without the prior permission of the large vessel or the Harbourmaster. Explanatory note: Being in the vicinity of a Large Vessel will be unsafe at times due to the lack of visibility of vessels in close and due to activities such as cargo loading, release of mooring lines, and operation of the ship’s propulsion systems.

27. Fishing in Otago Harbour Shipping Channel ( 1 ) Drift fishing and trolling using handheld rods or lines, either held in hand or placed in rod holders is permitted in the Otago Harbour Shipping Channel except when an MPZ applies in accordance with clause 25. Special restrictions apply in the vicinity of Halfway Islands in accordance with subclause (2). ( 2 ) The Halfway Islands Safety Zone is established as a Reserved Area for the area shown in Appendix F. The person in charge of any vessel that is fishing in the Halfway Islands Safety Zone must: ( a ) if intending to fish in the Halfway Islands Safety Zone, call

30 31 Part 05 Special Controls on Activities in Otago Harbour Part Maritime Safety 06 Administrative Matters

28. Notification of maritime accidents, incidents and mishaps ( 1 ) The person owning or having responsibility for, or in charge of, or having conduct of any vessel, Port Company property, other maritime facility, structure or object that: ( a ) has been involved in any accident, incident, or mishap involving a vessel; or ( b ) in any manner gives rise to a navigational hazard; Shall, as well as complying with any accident reporting requirements of Maritime Rules and the Act, immediately report the occurrence to the Harbourmaster. ( 2 ) For accidents incidents or mishaps in Otago Harbour the Harbourmaster shall be notified by a VHF radio call to Harbour Control immediately, where VHF communication is available after the incident. ( 3 ) For other accidents incidents or mishaps the Harbourmaster shall be contacted within 24 hours of the incident by phone call or by email. Explanatory note: Harbourmaster email address is [email protected]. nz ( 4 ) Persons reporting accidents under the Maritime Rules and the Maritime Transport Act should provide to the Harbourmaster a copy of the appropriate Maritime New Zealand report form within 24 hours of submission to Maritime New Zealand. https://services.maritimenz.govt.nz/incident/ ( 5 ) The Harbourmaster may contact the owner of any vessel or property involved in any such accident, incident or mishap.

32 Part 06 Maritime Safety Administrative Matters Part Appendices 29. Written approvals 07 ( 1 ) Any person may make application to the Harbourmaster for written approval as allowed under this bylaw. Applications must be: ( a ) in a form and manner prescribed by the Harbourmaster; and ( b ) be accompanied by any required fee. Appx A. Otago Region ( 2 ) Written approval may be granted or refused and if granted subject to conditions. Appx B. Waters Where Bylaw Does Not Apply in ( 3 ) Any written approval required by this Bylaw shall be displayed as Central Otago District required by its terms and conditions and must be produced forthwith on request by the Harbourmaster, an Enforcement Officer or a Appx C. Commercial Port Areas of Otago Harbour Constable. ( 4 ) No written approval, required by this Bylaw shall have effect until any Appx D. Otago Harbour Shipping Channel fee required for it has been paid. Appx E. Special Speed Zones for Otago Inland Waters 30. Offences and penalties ( 1 ) It is an offence under section 33N of the Act to contravene this Bylaw. Appx F. Halfway Islands Safety Zone ( 2 ) It is an offence under the Act to, without reasonable excuse, fail to comply with a direction or requirement given or imposed by a Appx G. Oamaru Harbour Harbourmaster under section 33F of the Act. Appx H. Lake Waihola Reserved Areas and Access Lanes

34 Part 07 Appendices Appendix A. Otago Region

Appendix A. Otago Region

Area to which Bylaw applies

Area to which Bylaw does not apply Queenstown-Lakes District

Oamaru Harbour Central Otago Waitaki District District

Otago Harbour

Clutha District

Contains data sourced from the LINZ Data Service licensed for reuse under CC BY 4.0.

Information on this map may not be used for the purposes of any legal disputes. The user should independently verify the accuracy of any information before taking any action in ´ reliance upon it.

1:1,1350,000 NOT FOR NAVIGATIONAL PURPOSES 0 15 30 60 KILOMETERS 36 Part 07 Appendices Appendix B. Waters Where Bylaw Does Not Apply in Central Otago District

Appendix B. Waters Where Bylaw Does Otago Regional Council Not Apply in Central Otago bylaw applies to Clutha River District Upstream of Lake Dunstan

Area to which Bylaw Queenstown-Lakes does not apply District

Lake Dunstan

Kawarau River

Otago Regional Council bylaw applies downstream of Clyde Dam.

38 Part 07 Appendices Appendix C. Commercial Port Areas of Otago Harbour

Appendix C. Commercial Port Areas of Otago Harbour

Commercial Port Area

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1:100,000 @A4 NOT FOR NAVIGATIONAL PURPOSES 0 1 2 4 KILOMETERS 40 Part 07 Appendices Appendix D. Otago Harbour Shipping Channel

Appendix D. Otago Harbour Shipping Channel

Otago Shipping Channel

Fairway Beacon

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1:100,000 @A4 NOT FOR NAVIGATIONAL PURPOSES 0 1 2 4 KILOMETERS 42 Part 07 Appendices Appendix E. Special Speed Zones for Otago Inland Waters

Appendix E. Special Speed Zones for Otago Inland Waters

Manuherikia River The Manuherikia River from the confluence with the Clutha River to the Falls Dam in St Bathans, between August and September when the flow is between 10 Confluence with Clutha River cumecs and 45 cumecs as measured at the Ophir gauge.

Special Speed Zone

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Mid Clutha River Speed unlimited for all vessels in Clutha River, including all waters of Lake Roxburgh, between Fruitgrowers Road bridge at Clyde and the Rail Bridge at Balclutha. Fruitgrowers Road Bridge at Clyde

Special Speed Zone

Contains data sourced from the LINZ Data Service licensed for reuse under CC BY 4.0. ´ Information on this map may not be used for the purposes of any legal disputes. The user should independently verify the accuracy of any information before taking any action in Rail Bridge at Balclutha 1:515,000 @A4 NOT FOR NAVIGATIONAL PURPOSES 0 5 10 20 KILOMETERS reliance upon it. Mid Clutha River 46 Part 07 Appendices Appendix E. Special Speed Zones for Otago Inland Waters

Appendix E. Special Speed Zones for Otago Inland Waters

Taieri River Speed unlimited for all vessels in Clutha River, including all waters of Lake Roxburgh, between Fruitgrowers Road bridge at Clyde and the Rail Bridge at Balclutha. Bridge at Outram

Special Speed Zone

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Appendix E. Special Speed Zones for Otago Inland Waters

Taieri River The Taieri River from the Gravel Pit at Hyde downstream to thePukerangi Road Bridge in Pukerangi, between August and September when the flow is more than 20 cumecs as measured at the Gravel pit at Hyde Waipiata gauge. (-45.339562, 170.261893)

Special Speed Zone

Contains data sourced from the LINZ Data Service licensed for reuse under CC BY 4.0. ´ Information on this map may not be used for the purposes of any legal disputes. The user should independently verify 1:133,822 @A4 NOT FOR NAVIGATIONAL PURPOSES 0 1 2 4 KILOMETERS the accuracy of any information before taking any action in Pukerangi Rd reliance upon it. (-45.602581, 170.138383) Taieri River 50 Part 07 Appendices Appendix E. Special Speed Zones for Otago Inland Waters

Appendix E. Rock Garden Special Speed Zones for Special Speed Zone Otago Inland Waters

Taieri River Speed unlimited for all vessels from bridge at Outram Glen to the Rock Garden 7km northeast of the State Highway 87 bridge.

Contains data sourced from the LINZ Data Service licensed for reuse under CC BY 4.0. ´ Information on this map may not be used for the purposes of any legal disputes. The user should independently verify Outram Glen the accuracy of any information before taking any action in 1:24,500 @A4 NOT FOR NAVIGATIONAL PURPOSES 0 250 500 1,000 METERS reliance upon it. Taieri River 52 Part 07 Appendices Appendix E. Special Speed Zones for Otago Inland Waters

Appendix E. Special Speed Zones for Otago Inland Waters

The Upper Clutha River Speed unlimited for all vessels in Clutha Queenstown-Lakes River between boundary of Queenstown District Lakes District Council and Lake Dunstan. Navigation safety for Lake Dunstan is administered by Central Otago District Council.

Special Speed Zone

Lake Dunstan

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Appendix E. Special Speed Zones for Otago Inland Waters

Waipori River Speed unlimited for all vessels more than 30m from shore, from the Titri upstream end of Riverside Road to the State Highway 1 bridge at Titri. Excludes Taieri River upstream of confluence with Waipori and other tributaries of Waipori River.

Special Speed Zone

State Highway

Riverside Contains data sourced from the LINZ Data Service licensed Road for reuse under CC BY 4.0. ´ Information on this map may not be used for the purposes of any legal disputes. The user should independently verify 1:35,000 @A4 0 375 750 1,500 METERS NOT FOR NAVIGATIONAL PURPOSES the accuracy of any information before taking any action in reliance upon it. Waipori River 56 Part 07 Appendices Appendix F. Halfway Islands Safety Zone

Appendix F. Halfway Islands Safety Zone

Halfway Islands Safety Zone

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0 100 200 400 METERS 58 Scale: 1:9,000 @A4 NOT FOR NAVIGATIONAL PURPOSES Part 07 Appendices Appendix G. Oamaru Harbour

Appendix G. Oamaru Harbour

Commercial Port Area

Temporary Anchoring Zone

Temporary anchoring zone from 20-70m to the west of Sumpter Wharf. May not be suitable under some sea conditions.

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1:5,000 @A4 NOT FOR NAVIGATIONAL PURPOSES 0 50 100 200METERS 60 Part 07 Appendices Appendix H. Lake Waihola Reserved Areas and Access Lanes

Appendix H. Lake Waihola Reserved Areas and Access Lanes

Otago Regional Council Navigational Safety Bylaw 2019 Lake Waihola water users are required to comply with this plan.

To comment or report any navigational safety matters please call ORC Harbourmaster. 5 Knot Marker Bouy

Phone: 021 201 0592 5 Knot Sign Email: [email protected] Channel Markers

Wildlife Area

Water Ski Slalom Access Zone

Recreation Area 5 Knots in the maximum speed: (May exceed 5 Knots) • Within 100 meters of the shore Swimming Area Only expect approved use of access NOT FOR NAVIGATIONAL PURPOSES lanes Water Ski Lane • Within 50 meters of any other vessel or swimmer Jet Ski Access Lane Contains data sourced from the LINZ Data Service licensed 5 Knot Area for reuse under CC BY 4.0.

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